A decision released by Justice Gagné has affected not 1 but 4 challenges to the travel mandates, including the Brian Peckford case.
This does not mean a decision has been rendered, as no evidence has been heard to determine the validity of the government’s travel mandates or evidence to the contrary.
Justice Gagné has taken an easy road, not having to decide the outcome based on evidence and Charter violations.
Justice Gagné has yet to release her rational behind her decision releasing only that she agreed with the mootness motion brought forth by the AG. The rational by Justice Gagné will be interesting in the least, considering the mandates were never recommended by the public health officials and infection risk was deemed to be low.
Section 6 of the Charter was clearly violated with the travel mandates. The mandates imposed by the government by their own admissions, were never debated in the HoC and were simply a ministerial order.
Just by the nature of ministerial orders, debates, and lawful tests such at the Oakes Test to any Charter violation are circumvented.
Police on Guard and many other organizations along with Canadian supporters, stood by the Charter believing the courts would follow in the path of not only case law but overwhelming evidence to the contrary.
These organizations always defended the court process and accepted criticisms/cynicism of Canadians regarding the Courts and political interference.
Although political interference cannot and will doubtfully ever be proven one can only ask why a Justice would refuse to pursue such an important case involving the Charter.
The fact the decision took a month to be released speaks untold volumes to people familiar with Judicial decisions.Justice Gagné should have heard this matter in its entirety regardless of the mootness motion.
The Prime Minister has made it clear these mandates are only suspended and can be brought back at any time. Without Justice Gagné hearing the evidence, she has opened the door to further Charter violations by the Federal Government.
Police on Guard will continue to follow this case and support those fighting to defend our Constitution and Charter.
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